am i liable?

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Biscuit

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Joined
May 1, 2008
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163
Grrrr..... just got home from a weekend abroad to find my motorbike on its side in the street. My mum who was babysitting was pretty sure it was kids gathering snow for snowballs that had done it.

the downer was on its way over it's clipped the neighbour's car. there's a small dent right in the lowest part of the plastic trim. it's only a peugot :)

am i liable for the damage to the neighbors car?
 
If he can prove your bike caused the damage, then I would say, yes.
 
I am not sure about that. It was not the bike that caused the damage it was the fact that kids were messing with it that caused it to fall over. I am not a lawyer but I would say that you would only be liable if your bike was in some way poorly maintained (eg it has a weak or defective stand that would make it likely to fall over easily) - otherwise the car owner needs to find the kids that caused the damage. Same as you do if your bike is damaged as well.
As it is a pug offer him £20 to take the car off his hands. :D
 
bike definitely not defective. it actually went over away from the side stand, i think they must have been squeezing in between my car and the bike - judging by the evidence of the snow removed off my bonnet. or even standing on it to reach the roof?

the neighbour called my mum so i'm pretty sure they've seen the damage.

last thing i want is a claim on my insurance or a messy fight with the neighbour.
 
Are you 100% sure your neighbour didnt clip the bike with his car, causing it to fall over?
 
actus non facit reum nisi mens sit rea

You are not responsible unless you intended to or were the cause of the damage (mens rea). You clearly did not cause the damage personally or by intent, but if you are being chased by the guy and he is claiming you are responsible, then unless you can produce a 'witness' that can provide evidence that this is contrary to the case, then liablility could rest at your feet.
 
You are not responsible unless you intended to or were the cause of the damage (mens rea). You clearly did not cause the damage personally or by intent,

Not true. Damage was caused to another parties property by the O/p's bike therefore he is liable IMO.

For example say a car was parked then later the handbrake cable snapped so it rolled into another. the owner of the first car is liable even though there was no direct involvement or intent.
He may be able to pursue the kids collecting snow if he can find a witness to them knocking the bike over.
 
Not true. Damage was caused to another parties property by the O/p's bike therefore he is liable IMO.

But was it? Without any witnesses to the contrary, it's equally probable that the neighbour clipped the bike and knocked it over.

It all comes down to how much you like your neighbours and how responsible you feel. (Was the bike firmly leant on its stand or was it teetering - only you know for sure)
 
Depends how pretty sure your mum can be. Every one has their own opinion, but the point here is cause.

As much as you are opposing your liability based upon leaving your bike in an upright secure position, you need to ascertain who parked where first.

If your bike was improperly or unsafely parked, why would your neighbour park next to you knowing that there was a likelihood that your bike would fall causing damage to his car? He wouldn't possibly be able to determine this in retrospect.

If you parked first, the likelihood of damage being caused by your neighbour is more probable, unless you choose to mention the kids in the neighbourhood playing and possibly knocking the bike over (which I think you would agree would take quite a force).

So its' basically dog eat dog, and Good Luck!
 
Last year some barsteward reversed into my Virago and knocked it off of its sidestand. It needed new bars, a new bar mount, mirror and indicator,----over £100 worth. I now have 2 large road cones " protecting it" and always put it on its centre stand. Im sure that had I have left it on its centre stand then it may not have toppled over. Fortunately the only other damage was to my Sprinter as it fell, but had it been someone elses bike than I am sure I would have been seeking recompense from them.
 
Not true. Damage was caused to another parties property by the O/p's bike therefore he is liable IMO.

For example say a car was parked then later the handbrake cable snapped so it rolled into another. the owner of the first car is liable even though there was no direct involvement or intent.

If the kids pushed the car downhill in the snow into another car, who then is liable?
 
If the kids pushed the car downhill in the snow into another car, who then is liable?

The car owner.

For clearly having an unsafe / unroadworthy car with a defective handbrake.

Instead of drooling over stupid brabus / amg pimping catalogues you lot should study your highway code.
 
have you seen over on the pug forums there is a guy who is asking if he is liable to repair the bike he knocked over.....

only joking. i reckon u should just go round to the guy, explain it and offer to pay for the damage. or go round the kid's house and speak to the parents and explain they knocked over the bike and damaged the guys car and that they maybe should consider paying for it. or maybe just tell your neighbour this and he may just pursue them himself.

does your neighbour even know about this yet? if not i would possibly just not mention it? he may well of damaged it himself as above..... who knows really....

otherwise i would just offer to repair it yourself otherwise you may end up with a neighour dispute.
 
The car owner.

For clearly having an unsafe / unroadworthy car with a defective handbrake.

Instead of drooling over stupid brabus / amg pimping catalogues you lot should study your highway code.

Sorry untrue. I have never seen a brabus or amg pimping catalogue - do you have one?
Perhaps you can refer us to the section of the highway code that deals with the OPs point?
 
Not liable, you can't be held responsible for the actions of a third party. There's no way a bike will fall away from the side stand without being physically pushed either by accident or design.
 
Not liable, you can't be held responsible for the actions of a third party.

As your vehicle is your responsibility in law, I think you are liable. It's then up to you to persue the 3rd party who caused your bike to fall over.
 

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